In a motion on notice filed at the Abuja High Court by his counsel, Mr.Yunus Usman (SAN), Mohammed is seeking the leave of the court to enforce his fundamental human right.

Son of the late Gen. Sani Abacha, Mohammed, has instituted a fresh legal action against the Federal Government in a bid to stop government from re-arresting or detaining him in the event that he is released on bail as prescribed by the Abuja High Court last week.

In a motion on notice filed at the Abuja High Court by his counsel, Mr. Yunus Usman (SAN), Mohammed is seeking the leave of the court to enforce his fundamental human right.

Precisely, he is seeking the following reliefs.

An order enforcing the applicant’s fundamental rights as follows:

*Right to personal liberty as guaranteed and enshrined in the provisions of Section 35 of the Constitution of the Federal Republic of Nigeria 1999, which said right stands to be violated by the respondents’ threats of re-arrest and detention of the applicant for alleged offences same with the ones applicant is standing trial before Abuja High Court without lawful justification.

*Right to dignity of human person as guaranteed and enshrined in the provisions of Section 34 of the Constitution of the Federal Republic of Nigeria 1999.

*Right to freedom from discrimination, arbitrary and malicious arrest and detention as guarantee and enshrined in the provisions of Section 42 (1)(a) & (b) and (2) of the Constitution of the Federal Republic of Nigeria 1999 on the ground that his only offence is the circumstance of his birth in that he is the eldest surviving son of the late Gen. Sani Abacha.

A declaration that the respondents cannot re-arrest and detain the applicant on alleged offences same and or similar with the charges ending against the applicant before the High Court of Justice, Abuja.

An order perpetually restraining the respondents, their agents, privies and or representatives from arresting and or detaining the applicants or alleged offences same or similar to the charges pending against the applicant before the High Court of Justice, Abuja based on the respondents complaint annexed to this applicant as Exhibit MSA 2,3,4 & 5.

An order in the terms of Order 2 Rule 6 of the fundamental Rights (Enforcement Procedure) Rules restraining the respondents, their agents, privies and representatives from arresting and detaining the applicant on all matters relating to the complaints of the applicant pending the determination of the substantive motion on notice.

The motion on notice was supported by an 11-paragraph affidavit where in the applicant, Abacha, averred, amongst others:

*The respondents have stationed their agents within the prison with an operational vehicle since 11th July 2002 and have threatened that even if his bail application succeeds he will be re-arrested and detained in respect of the purported allegations in paragraph 5(d) which is same and or similar with charges in Exhibits MSA 2,3, 4 and 5.

*Gen. Olusegun Obasanjo, who is President and Commander-in-Chief had vowed on assumption of office to prosecute the Abacha family on the grounds that a special military tribunal convicted and sentenced him for his involvement in the attempted military coup in 1997.

The application would be moved on August 1st, 2002.

Lemmy Ughegbe, Vanguard (Lagos), July 30, 2002